Can a Divorce Be Reversed in Texas?
Many times, people file for divorce abruptly, on the spur of the moment, without considering the consequences or its aftereffects. But when the realization happens, the first question they ask is: Can a divorce be reversed?
Well, it’s not uncommon for divorcing couples to change their minds or reconcile their differences—sometimes out of choice and other times due to familial obligations. But when that happens, the first thing that comes to mind is how to stop divorce proceedings. What would be the consequences? Can a fully finalized divorce agreement be overturned or reversed, and under what circumstances?
The short answer is both Yes and No! That’s because, though in Texas, a divorce can be reversed, the process is a little tedious. It can only happen under certain circumstances and within a limited
period of time. Once you’ve crossed that time period, it will become impossible for you to rescind your divorce.
In this blog, we’ll help you know everything about how to reverse a divorce. Read on to learn about the various steps that you and your spouse need to take to stop your divorce proceedings. Follow our simple tips to reverse your divorce and live happily ever after.
Why Do Couples Choose to Reverse Their Divorce?
There are various reasons why people change their minds and choose to remain married. Love for each other, children, financial support, familial pressure, or otherwise. Whatever the reason, it is always a good idea to reverse your divorce proceedings.
Chances of reconciliation are also high if the couple is going through an uncontested divorce.
Whatever the case, if you are thinking of reversing your divorce, you are not alone. Today there are many couples who choose to reconcile after filing for a divorce.
When Can a Divorce Be Reversed?
Ideally, a divorce can be reversed or canceled only up to the time it is still under process. If the proceedings are closed and the divorce has been finalized, there isn’t much you can do to avert it – other than remarry.
What Are the Factors That Can Affect the Reversal of Your Divorce
There are a lot of things that may affect your divorce reversal process. The most important ones include:
Timeframe: The court of Texas, like all other states, give you a limited amount of time to challenge your divorce decree. Once the time for appealing has passed, it becomes challenging for your attorney to reverse it.
Grounds for reversal: Filing a divorce case is one of the major decisions in life. You need a strong reason to seek divorce from your spouse. Similarly, your divorce reversal needs a strong reason too. The reconciliation terms need to be clearly mentioned and agreed upon.
Divorce agreement modifications are also possible if you are able to demonstrate that there was a mistake or an error made during the divorce proceedings. Even if there is new evidence, it could change the outcome of your decree.
Willingness of both parties: For divorce reversal, the willingness of both parties is extremely important. And unless you are pursuing a contested divorce, the chances of reconciliation are extremely high. If that happens and you and your spouse are able to sort out your differences, the state of Texas will not stand in your way. It may allow you to reconcile or remarry. But if your ex-spouse is not willing to reconcile, reversing the divorce could become extremely challenging and almost impossible.
Stages of Divorce Proceedings and How They Affect Your Divorce Reversal Process
Divorce is a step-by-step process and goes through different stages. Entire divorce proceedings may take from a few months to several years and during the course, you have a chance to stop your divorce.
Here’s how you can reverse a divorce at each stage of the divorce proceeding:
Before the petition is signed
This is the first stage of the divorce process, where you choose to reverse your marriage and file for divorce. But you are yet to sign or file a petition in court. Reversing a divorce at this stage is the
easiest of all as you are too early in your divorce process. You might have sought some legal guidance or marriage counseling and would have to pay your attorney or marriage counselor.
But that’s all about it. Your divorce case has not reached the doors of the court and it is easy for you and your spouse to step back.
Before the petition is filed
Even at this stage, if you choose to reconcile with your significant other, there would be no legal ramifications. You can simply pay your attorney’s fees and choose to give your marriage another chance.
After the divorce petition is filed
Whether it is out of love or for the sake of children and family, for some couples, the decision to reconcile comes after their divorce is already underway. Reversing the divorce at this point is a little complicated as your divorce case is already in court.
Though it is still not impossible to refute your decision, your attorney may have to take a few extra steps to stop your case from proceeding further in court. To stop your divorce proceedings, your lawyer has to:
File a motion
If you are unsure about going ahead with your divorce case and are thinking of reconciling with your spouse, you may ask your attorney to file a motion. Here again, you can either choose to dismiss the case or suspend the proceedings.
To dismiss the case, you would have to sign a form for voluntary dismissal and the court will put a stop to all the divorce proceedings. However, this should be done only when the couple has made up their mind and both the husband and wife are absolutely sure about reconciliation.
But if you are two minds about reconciliation, you may ask the court to suspend the proceedings. The court will then push your case down the calendar. It will give you and your spouse the time to decide whether you want to reconcile or go ahead with the divorce proceedings.
After the divorce proceeding is over
If you choose to reconcile when the divorce proceedings are nearing the end, there’s still some hope to reverse your case. Here are a few options you can try:
If the settlement has been sent but not signed
If your divorce papers have been sent to the judge, your attorney can ask the judge not to rule the settlement. However, this should be done quickly, as any delay in the process can reduce your chance of reversing your divorce.
If the settlement has been signed
If the judge has already signed the divorce decree, all you can do is request the judge to reverse the decision. However, there’s a timeline to this. You can ask the court to overturn the divorce only within 30 days of the judgment. After that, your divorce is final, and you cannot do anything other than remarry your spouse. But the final decision is up to the discretion of the judge.
Here are a few things that need to be done to reverse the order:
- File an appeal: If you do not agree with the divorce decree, you can file an appeal. You can also do this if you think that the court has made an error while passing the decision. This would involve requesting a higher court to reconsider your case. The new judge will review the evidence and potentially change the verdict.
- File a motion to vacate or modify the divorce decree: You can even ask the court to vacate or modify the divorce decree. You can do this only if both you and your spouse have mutually decided to reconcile and remain wedded. However, the jury will have the final call on this and may or may not cancel your divorce order.
After the Decree Absolute has been pronounced
Once the Decree Absolute has been pronounced by the court, the marriage is legally dissolved.
Unless due to some procedural irregularity, it is extremely difficult to set aside from the pronounced court order and remain married.
In such cases, the only option left for you is to remarry your spouse if you want to continue your association.
Is It Possible to Reverse the Divorce If Only One Partner Wants to Do So?
No, in the State of Texas, it is not possible to reverse your divorce or stop the proceedings if both partners do not have their consent. On the contrary, in Texas, you can still go ahead with your divorce proceedings if your spouse ignores the petition or does not respond to it.
But if you are a petitioner and have filed the divorce case, you can dismiss the divorce proceedings by seeking the court’s permission. You have to file a petition to withdraw their divorce petition, even in absence of the respondent’s permission.
But to reverse the divorce, mutual consent is extremely essential. Still, if you do not wish to allow your divorce proceedings to go ahead, you can attempt to defend your divorce proceedings. Your lawyer can guide you through the steps to defend your divorce proceedings. But if the divorce proceedings are not defended and you or your spouse wishes to dismiss the proceedings, you would have to seek each other’s consent.
Things to Consider Before Reversing the Divorce Case
Just like divorce, reversing a divorce is also a serious decision and should be done with a lot of contemplation. After all, your decision is going to affect the rest of your life. There are a lot of things you must consider before taking a call. These include:
- Your reason for divorce reversal: Why are you planning to reconcile with your spouse? Is it due to love? Children? Family pressure? Or guilt? Whatever the case, you must be sure about your feelings. Never think of reconciliation due to pressure or guilt. This way, you’ll not be able to sustain your marriage for long and would end up knocking on the doors of family court again. So think through your decision and analyze if you would be able to sustain your feelings over time.
- The status of your divorce case: You must consider the current status of your divorce case before
- making an attempt to reverse it. If the divorce decree has already been assigned, it could be difficult or rather impossible to reverse the decision. However, if you are still early on your divorce case, you should definitely try to reverse it.
- The potential consequences: Reversing a divorce case can have significant consequences on your personal and financial health. From legal fees to emotional turmoil, there are a lot of things that will get affected by your decision. Hence, it is important to think about the potential consequences and weigh them against the benefits.
- Your spouse’s willingness: If you are thinking of reversing your divorce case, it is important to evaluate your spouse’s willingness. Is your spouse interested in reconciling? Or is he/ she doing it under pressure? If your spouse is not wholeheartedly willing to reconcile, it may be difficult to reverse the divorce case. Also, you might have to face unpleasant situations in marriage due to your irreconcilable difference.
Let A Qualified Richmond Divorce Lawyer Help You
Just like filing a divorce, reversing a divorce is also tricky and tedious. There are a lot of things to consider before going ahead with your decision, which is why it is best to work with legal professionals. Skilled divorce lawyers at The Vendt Law Firm, P.L.L.C., in Richmond, Texas, can help you save your marriage.
Our knowledgeable attorneys can assess your situation and lay the ground for reconciliation. They can take you through all the available options so that you can make a decision that’s right for you, your spouse, your children, and your family. Get in touch with us for an expert consultation and give your marriage a second chance.